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The Watchtower Loses Action Against Bank (Fifth Third Bank)

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posted on Oct, 14 2011 @ 05:26 PM
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It's about DAMN time this cult gets its ass in the ringer... greedy f@cks...


www.leagle.com...

FIFTH THIRD BANK v. WATCH TOWER BIBLE & TRACT SOC. OF PENNSYLVANIA
2011 Ohio 5180
Fifth Third Bank, Plaintiff-Appellee,v.Watch Tower Bible & Tract Society of Pennsylvania, Defendant-Appellant.
No. 96403.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: October 6, 2011.

Jacqueline Kim Roberts, Jennifer L. Speck, J.K. Roberts Law Group, Ltd., 17601 West 130th Street, Suite 4B, North Royalton, Ohio 44133, Attorneys for Appellant.
K. James Sullivan, Christopher S. Williams, Eric S. Zell, Calfee, Halter & Griswold LLP, 800 Superior Avenue, Suite 1400, Cleveland, Ohio 44114, Attorneys for Appellee.
Before: Jones, J., Kilbane, A.J., and Keough, J.


JOURNAL ENTRY AND OPINION
LARRY A. JONES, J.
[¶ 1] Plaintiff-appellant, Watch Tower1 Bible and Tract Society of Pennsylvania ("Watch Tower"), appeal the trial court's decision denying its motion for summary judgment and granting summary judgment in favor of defendant-appellee, Fifth Third Bank. For the reasons that follow, we reverse.
[¶ 2] Luther Loy Dietrich ("Dietrich") had two bank accounts with Fifth Third Bank. Dietrich originally designated his mother, Amelia Dietrich, as the beneficiary to the accounts in the event of his death. The bank's computer system reflected that a change in the designation was made on March 24, 2005, naming Watch Tower as the beneficiary. Per bank policy, however, to change his "Payable on Death" ("POD") beneficiary, Dietrich had to fill out a written beneficiary form and fill out a new signature card in order to supersede a prior POD designation.
[¶ 3] Dietrich died on October 24, 2005. At that time, his accounts totaled $99,865.79. The bank sent notice to Watch Tower informing the society that the bank's records indicated Watch Tower was the beneficiary of Dietrich's accounts. Dietrich's estate, however, believed that the accounts belonged to the estate. In March 2006, Fifth Third decided to place a hold on the accounts until either the estate and Watch Tower came to a written agreement regarding ownership of the accounts, or the bank was directed by a court on how to distribute the funds.
[¶ 4] Subsequently, the estate filed a concealment action against Fifth Third Bank in probate court pursuant to R.C. 2109.50. Watch Tower was not named in the lawsuit. Watch Tower did retain one of its volunteer attorneys for the purpose of filing a notice of appearance at a pretrial hearing.
[¶ 5] In June 2006, the probate court issued a judgment entry, which read, in part:

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"The Court finds that there is no written contract or other agreement or obligation between Luther Loy Dietrich and Fifth Third Bank whereby the funds contained in the Fifth Third Bank [a]ccounts * * * became payable to Watch Tower Bible and Tract Society of Pennsylvania or any other individual or entity upon the death of Luther Loy Dietrich. Consequently, the Funds belong to the Estate of Luther Loy Dietrich, and Fifth Third Bank is ordered to release the Funds * * *."
[¶ 6] The bank subsequently released the funds to the estate.
[¶ 7] In November 2008, Watch Tower filed suit against Fifth Third setting forth claims for negligence, breach of contract, conversion, and tortious interference with an expectancy. Watch Tower moved for summary judgment. Fifth Third also moved for summary judgment, arguing, in part, that Watch Tower was estopped from bringing their claims. The trial court granted summary judgment in favor of the bank and issued a written opinion.
[¶ 8] It is from this judgment that Watch Tower now appeals, raising the following assignments of error for our review:
"I. The trial court erred in holding that the doctrine of collateral estoppel applies to the case at bar.
"II. The trial court erred in holding that Watch Tower had a duty to intervene in the concealment case.
"III. The trial court erred in denying Watch Tower's motion for summary judgment."


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edit on 14-10-2011 by pityocamptes because: (no reason given)




posted on Oct, 14 2011 @ 05:28 PM
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reply to post by pityocamptes
 


I don't think it's appropriate to post personal information such as addresses.



posted on Oct, 14 2011 @ 05:32 PM
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Originally posted by GmoS719
reply to post by pityocamptes
 


I don't think it's appropriate to post personal information such as addresses.



Its a court docket from the Ohio Court of Appeals - its public record.



posted on Oct, 14 2011 @ 05:34 PM
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reply to post by pityocamptes
 

I understand that.
What does the addresses to these business have to do with anything?



posted on Oct, 14 2011 @ 05:39 PM
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Originally posted by GmoS719
reply to post by pityocamptes
 

I understand that.
What does the addresses to these business have to do with anything?



I only posted the beginning of the article. Let me edit my post to include more. The link gives you the entire docket... sorry for the confusion.



posted on Oct, 14 2011 @ 05:42 PM
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reply to post by pityocamptes
 

Thanks.
I thought you were trying to have people harass them at their address haha



posted on Oct, 14 2011 @ 05:43 PM
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It sickens me to my stomach when money grubbing religion would rather take someones money than let it benefit the estate and heirs!!!! Come now, the WTS made over a BILLION DOLLARS in last years taxes, is selling multi million dollar complexes and is now buying property to the tune of hundreds of millions outside of NY (upper state)!!!!!

In my opinion most churches should be TAXED HEAVILY unless they can show that most of their money helps the needy, widows, and poor...



posted on Oct, 14 2011 @ 05:48 PM
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reply to post by pityocamptes
 

What about the churches who are not spending their money as you suggest.
Do you think they deserve the same treatment?



posted on Oct, 14 2011 @ 05:50 PM
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Originally posted by GmoS719
reply to post by pityocamptes
 

What about the churches who are not spending their money as you suggest.
Do you think they deserve the same treatment?



If they are not benefiting their patrons, ie the creed of Jesus - take care of the poor, windows and parentless children, and instead blowing it on property, houses, and BIG paychecks, than yes, they should have the holy hell taxed out of them as they are nothing more than a money grubbing corporation, actually worse!!!



posted on Oct, 14 2011 @ 05:52 PM
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reply to post by pityocamptes
 

So how would one determine which church to tax?
I think this would hurt a lot of innocent churches.



posted on Oct, 14 2011 @ 05:55 PM
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Originally posted by GmoS719
reply to post by pityocamptes
 

So how would one determine which church to tax?
I think this would hurt a lot of innocent churches.


By setting some standard - and income bracket. Your small baptist church on the street corner that is piss poor with a preacher driving an old beat up car and living in a modest house would, in my opinion, be exempt. However, churches such as LDS, JWs, Billy Graham, 700 club and others that make TONS of $$$$$ should have their records looked at where they must meet some criteria to give back to the people they are trying to help - not in words and paper (Bibles, etc.) but in tangibles such as houses, clothing, job centers, etc.



posted on Oct, 14 2011 @ 05:59 PM
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reply to post by pityocamptes
 

That I agree with.
I thought you were talking about auditing every church.
The Super Churches do deserve some type of audit. I agree they are up to no good.



posted on Oct, 14 2011 @ 06:07 PM
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It sucks that it was Fifth Third Bank. I hate that bank as well.

They are just as guilty as BOA, Chase etc.



posted on Oct, 14 2011 @ 06:15 PM
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Originally posted by Skewed
It sucks that it was Fifth Third Bank. I hate that bank as well.

They are just as guilty as BOA, Chase etc.



They may be, but its pretty sad when a large religion/cult like the JW's go after a 100K account?!?!? Why not keep the peace and simply allow the heirs to have it, since its obvious the estate wanted it?



posted on Oct, 14 2011 @ 10:17 PM
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Curches should pay taxes just like everyone else. Even the little ones. There are loads of small ones that don't even have a congregation. They are used as tax dodges and means of money laundering. Amish communities have their homes declared as churches to avoid taxes they move the services from house to house every week so they don't have to pay any taxes.



posted on Oct, 14 2011 @ 11:12 PM
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reply to post by pityocamptes
 


I know. Had I not seen the name of the bank, and still had the rest of the details, I would have sided with the bank.
I hate when things happen like that.

edit on 14-10-2011 by Skewed because: (no reason given)




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